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Old 01-03-2012, 03:05 PM
 
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This is why I've changed to answering the question "how is the neighborhood" to "here is the address, why don't you go drive by, and if the area suits you call me back for an appt to see the interior. I haven't lived there for 3 years, and while I think the neighbors are great, that is a personal judgement.
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Old 01-03-2012, 03:06 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 65,270,378 times
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Pacific, I repeat, in relation to THIS and this only scenario as posted, if you can cite any case anywhere where "evidence" such as this has been successfully used in court against a LL I'll stand corrected and eat my hat to boot!
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Old 01-03-2012, 03:17 PM
 
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There are over 12,000 cased on "failure to disclose" in contract law for the last 5 years in Utah alone with about 500 indicating it involves landlord tenant case. You have to give me some time to weed througfh those as well as allt he other states, but I would recommend you take the time to buy some of those eatable clothing items. Once again this is basic "common knowldge" Contract and LL/Tenat law 101 stuff that you don;t provide any assurance to a prosepective tenant that they wil be using to base their decission on if you are not able to back it up.
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Old 01-03-2012, 03:37 PM
 
94 posts, read 227,814 times
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Quote:
Originally Posted by PacificFlights View Post
Its covered in all state laws under the Fair Dealings and Good Faith requirment of all contracts including leases (which are contracts). The key to this in this discussion is the OP said they specifically asked. They asked the landlord or their agent a specific question and they received a certain response. The tenant made a decission based on the assurance provided by the LL/agent. The OP would need to prove the LL or agent knew that the information they provided the tenant to their qurestion was false, but if it can be proven, it most certainly would be a legal challenge under that state contract laws.
This makes a lot of sense.

Ironically, it would be the noisy neighbor who could prove it. When we were trying to work out an equitable time for him to do his thing and us to get out of the house, I had mentioned that the LL, his previous neighbor, had said that he'd be doing his music about 1 hour a week. To that he laughed and rolled his eyes as in, she knew how much music he played.
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Old 01-03-2012, 03:50 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 65,270,378 times
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Quote:
Originally Posted by PacificFlights View Post
There are over 12,000 cased on "failure to disclose" in contract law for the last 5 years in Utah alone with about 500 indicating it involves landlord tenant case. You have to give me some time to weed througfh those as well as allt he other states, but I would recommend you take the time to buy some of those eatable clothing items. Once again this is basic "common knowldge" Contract and LL/Tenat law 101 stuff that you don;t provide any assurance to a prosepective tenant that they wil be using to base their decission on if you are not able to back it up.
I'll be ready. But remember, this is based solely on (a) loud music which is within the bounds of city ordinances, (b) a couple of instances of a verbal domestic fight, (c) a sideswiped car (which the person who did the damage has agreed to pay for) and (d) a casual comment from a police officer; with the charge being that the LL is responsible because (a) he said* that the rap music was only played one hour a day and (b) the neighbors were lovely.

*that should probably be qualified. The OP said, "I was told" and "they said" and I was presuming that these words came directly from the LL and can of course be proved or would that turn out on investigation to be one of those, "he said she said" controversies since I assume nothing was actually written down? Ball in your court.
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Old 01-03-2012, 10:23 PM
 
40 posts, read 74,701 times
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Quote:
Originally Posted by STT Resident View Post
I'll be ready. But remember, this is based solely on (a) loud music which is within the bounds of city ordinances, (b) a couple of instances of a verbal domestic fight, (c) a sideswiped car (which the person who did the damage has agreed to pay for) and (d) a casual comment from a police officer; with the charge being that the LL is responsible because (a) he said* that the rap music was only played one hour a day and (b) the neighbors were lovely.

*that should probably be qualified. The OP said, "I was told" and "they said" and I was presuming that these words came directly from the LL and can of course be proved or would that turn out on investigation to be one of those, "he said she said" controversies since I assume nothing was actually written down? Ball in your court.
STT I agree with you as the reality is the tenant would have to prove the landlord lied and had intent to misrepresent which is virtually impossible. Plus if the landlord answered the questions with a general phrase like "yeah, it's not a bad neighborhood" it again would be very difficult to argue what statistics differentiate a good from a bad neighborhood.

There is a certain level of due diligence which is also required by the "shopper" tenant and they have culpability as well. Regarding the noise ordinance, the tenant should READ the ordinance as in most cities they have laws against disturbing the peace from amplified music under a "boom box" or "car stereo " section and also have dBa limitations. If in a community where there is an HOA they can help as well.

In my opinion the problem isn't the landlord, but that thug human beings are allowed to torment the general public until someone gets hurt.
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Old 01-03-2012, 10:44 PM
 
Location: NJ
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Couple of comments:

1. Not sure how you would prove that conversation ever took place unless it was via email or letter.
2. If someone said to me the neighbor has a rap group that practices one hour a week alarm bells would have gone off so loud my head probably would have exploded.
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Old 01-03-2012, 11:42 PM
 
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Quote:
Originally Posted by manderly6 View Post
Couple of comments:

1. Not sure how you would prove that conversation ever took place unless it was via email or letter.
2. If someone said to me the neighbor has a rap group that practices one hour a week alarm bells would have gone off so loud my head probably would have exploded.
Those are valid comments but remember this isn't about the burden of proof or noise ordinaces or even due diligence. What is being forgotten is this was an act of represntation on the LL part and if false, the LL can be held liable for that. Had the LL not give a specific answer to the general question, the Op wouldn;t have much. But the LL did give a very specific answer. I agree with everyone that the LL has little requirement to disclose anything to the tenant outside the property, but under almost all state laws, when the LL provides a specific assurance or represntation, it has to be truthful. Again, this is not about the actual amount of noise and if its against some law or if it is serious or if its a he-said, she said, or any of the other sidetracking responses being discussed, its about and only about if the LL response was a truthful represntation.
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Old 01-03-2012, 11:44 PM
 
2,091 posts, read 7,032,086 times
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What's bothering me are craigslist posters advertising their rental as being in a safe area. That's a pretty strong claim. What if the tenant get robbed while there, can they sue the landlord?
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Old 01-03-2012, 11:56 PM
 
4,919 posts, read 21,580,088 times
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Quote:
Originally Posted by wireyourworld View Post
What's bothering me are craigslist posters advertising their rental as being in a safe area. That's a pretty strong claim. What if the tenant get robbed while there, can they sue the landlord?
Don't think so since safe is open to interpretation.... BUT if the tenant asked the LL specifically if robberies on the street occur and the LL said that only one occured in the last year, and the LL knew it was actually about 10 every month, yeah the tenant may have a case or action againt the LL. As mentioned above when the LL gives up information, they have a duty to be truthful.
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